JOSEPH ODINGA MATUNDU vs REPUBLIC [2002] KEHC 506 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.1110 OF 1999

(From Original Conviction and Sentence in Criminal Case

No.8734 of 1997 of the Principal Magistrate’s Court at Kibera)

JOSEPH ODINGA MATUNDU…………………………..APPELLANT VERSUS REPUBLIC…………………………………………….…RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO.1111 OF 1999 BERNARD AKULINDA MOMANYI……………………..APPELLANT VERSUS REPUBLIC…………………………………………….…RESPONDENT J U D G M E N T

Criminal appeal Nos.1110 and 1111 of 1999 are consolidated. The appellants are only against sentence passed against the two appellants after they were convicted of Robbery, contrary to section 296(1), P.C.

Both were first offenders and were in remand for nearly two years. There is no remission for robbery sentence.

Order:

The sentence against each of the two appellants is reduced to 4 years imprisonment each.

Dated and delivered at Nairobi this 1st day of March, 2002. V.V. PATEL JUDGE